Is the consultation fee refundable?

Burhoff online blog

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Last Friday's question - I have a question: Will the consultation fee be reimbursed? - deals with a problem that is certainly more common, which I discussed in advance with my co-author from the RVG commentary. He then wrote back to me and that's how I answered the questioner:

“I don't know anything about the reimbursement of legal advice fees. If an agreement has been made in accordance with Section 34 RVG, the reimbursement is indeed problematic. Because according to §§ 464a II No. 2 StPO, 91 ZPO only the legal remuneration is reimbursed. However, I would not have any reservations about reimbursing this remuneration in the amount of the statutory fees (basic and procedural fee), including the AnwKomm-RVG, § 34 marginal number 71.

To the question

Is there a possibility of reimbursement from the state / regional treasury for the costs of the activity that I now develop in the cost assessment procedure before the KFB is issued?

In my opinion, this would require the corresponding costs to be imposed on the state treasury, which, however, is probably not provided for by law in the KF procedure. For this and the possible remuneration of an attorney in the KF procedure, I refer to Part A, cost assessment of criminal matters, marginal number 1393 ff. ”

Then it occurred to me that I had already posted about the reimbursement of the council fee, namely the LG Essen, decision of. 06.10.2016 - 7 T 284/16 plus council fee, or: reimbursable in civil proceedings?

Unfortunately, the decision does not help the colleagues because they refuse to be eligible for reimbursement. However, there are also dissenting opinions - for civil law.

This article was published on by Detlef Burhoff in Fee Law, RVG-Rätsel. Keywords: RVG puzzles.